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Ask Ellen Your Own Question
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I have filed for BK chapter 7 and well have the discharge

Customer Question

I have filed for BK chapter 7 and we’ll have the discharge on the 17th of June, now I have kept receiving letters from a couple of creditors, the most important is a law sue that should have been stopped with the BK, I recently I received a final judgement against me, my lawyer said that the account is included in the list of creditor and I should send them a copy of the 341 notice, Questions: 1) Am I obligated to send that copy or is the lawyers and court responsibility to have done so. 2) If they didn’t send a notice to this creditor, this will give them any type of advantage to get money from me after BK is done. 3) How should I proceed, what should I do? Please be as specific as you can.
Thanks in advance.
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 8 years ago.

You will need to file a "Suggestion of Bankruptcy" in all pending litigation including the judgment.

Here is the form that you will require to do so:

In addition to, but not in lieu of, you can telephone the attorney for the creditor and tell him that you filed bankruptcy. He may request that you fax him the Suggestion of Bankruptcy.

Typically your lawyer would have done this for you.
Ellen and other Bankruptcy Law Specialists are ready to help you
Customer: replied 8 years ago.
For what I understand about "need to file" means I'm obligated to do so, if I'm correct, where should I file file? or should I fill the form and take it to my lawyer?
Expert:  Ellen replied 8 years ago.

You are not required to file the SoB. It is a good practice to file the SoB in order to prevent future collection actions on a debt that was discharged. The form is filed in the court that issued the judgment. Your attorney should have the form available and file it for you.